Marriage of Peterson v. Peterson

367 N.W.2d 90, 1985 Minn. App. LEXIS 4143
Court of Appeals of Minnesota·Decided May 7, 1985·No. C8-84-1714·Published·Cited by 8 cases

Opinions

OPINION

SEDGWICK, Judge.

This appeal is from a dissolution judgment. The two major issues litigated at trial were the valuation of appellant’s interest in his law practice and the determination of respondent’s need for spousal maintenance. We affirm in part and reverse in part.

FACTS

Appellant Ralph Peterson, 59, is a partner with the Minneapolis law firm of East-lund, Peterson & Solstad, Ltd. Respondent Helen Peterson, 53, has basically been a mother and homemaker throughout her nearly 24-year marriage. She has no formal education beyond high school.

Appellant joined the law firm formerly called Johnson and' Eastlund in 1969 as an associate. After the death of attorney George Johnson in 1981, appellant became a partner of the firm. In 1982 the firm changed its name to Eastlund, Peterson & Solstad.

Both parties employed experts to testify as to the value of appellant’s one-third interest in his law practice. The law firm has no buy-sell agreement.

Respondent’s expert, Stephen Dennis, a certified public accountant and tax attorney, valued appellant’s interest in his law practice by using financial statements provided by the law firm. From these balance sheets adjustments were made to reflect assets of the law firm such as accounts receivable, work in progress, the value of contingent fee cases, and the firm’s liabilities such as accounts payable and appellant’s debts to the firm.

Dennis determined the value of appellant’s interest in his law practice at two different times. In February 1984, he determined appellant’s interest to be $55,000. In April 1984, he determined appellant’s interest to be $56,000.

Appellant’s expert, Howard Guthman, a certified public accountant, determined appellant’s interest in his law practice to be worth zero. He based this opinion upon “common sense and management practices.” He admitted he did not review the firm’s financial documents in connection with this litigation, nor had he read any case law concerning the valuation of businesses in a marriage dissolution proceeding.

The trial court determined appellant’s interest in his law firm to be worth $51,500. Respondent was awarded spousal maintenance of $1,200 per month beginning in July, 1984. Upon sale of the parties’ homestead, ordered to be placed on the market in September, 1984, and satisfaction of respondent’s property interest, the spousal [92]*92maintenance amount is to be reduced to $900 per month to continue through January, 1990.

ISSUES

1. Did the trial court err in determining the value of appellant’s interest in his law practice to be $51,000?

2. Did the trial court err in denying long-term spousal maintenance to respondent?

ANALYSIS

1. The trial court’s valuation of marital property will not be overturned in the absence of a clear abuse of discretion or an erroneous application of law. Servin v. Servin, 345 N.W.2d 754, 758 (Minn.1984). “Exactitude is not required of the trial court in the valuation of assets; * * * it is only necessary that the value arrived at lies within a reasonable range of figures.” Johnson v. Johnson, 277 N.W.2d 208, 211 (Minn.1979) (cites omitted).

There is no Minnesota case that concerns the valuation of a law firm where a buy-sell agreement does not exist, as is the case here.

Appellant claims the trial court was without authority in finding respondent’s expert properly valued appellant’s interest in the law firm at $51,500. Specifically, appellant claims the trial court erred in failing to reduce the law firm’s assets by the amount of the law firm’s future rent due on the remainder of the five-year lease and a $36,000 debt owing to Norma Johnson.

Respondent’s expert based his valuation upon consideration of the following: the firm’s assets which included the shareholder’s equity, accounts receivable, work in progress, and known contingency fee settlement offers. He also considered the firm’s liabilities such as the accounts payable, and made adjustments to reflect the possible uncollectability and aging of the accounts receivable and work in progress.

Obligation to Norma Johnson

Respondent contends the $36,000 debt owed to Norma Johnson is not a valid debt of the Eastlund, Peterson, & Solstad firm. Norma Johnson is the widow of George Johnson, a partner of Johnson and Eastlund, the predecessor firm to Eastlund, Peterson, & Solstad. After her husband’s death, Mrs. Johnson brought a claim against Mr. Eastlund claiming that she was entitled to compensation for her husband’s interest in the partnership.

Her claim was resolved by a settlement, evidenced by a promissory note signed by Mr. Eastlund and his wife as individuals.

Appellant presented evidence in the form of a corporate resolution indicating that the Eastlund, Peterson & Solstad firm assumed Mr. Eastlund’s obligation to Norma Johnson. This resolution was adopted after Peterson had been made aware that the valuation of his interest in his law practice would be at issue in his dissolution proceeding. The resolution was adopted approximately two years after the firm’s incorporation and five months prior to the Peterson dissolution trial.

This obligation was absent from the firm’s balance sheets when respondent’s expert first reviewed the firm’s financial documents approximately four months before trial. It inexplicably appeared on the firm’s balance sheets three months later when respondent’s expert again reviewed the firm’s financial documents.

It is clear that Norma Johnson was not notified of this alleged assumption of the obligation. In light of the circumstances, the trial court did not abuse its discretion by concluding the obligation to Norma Johnson was a personal obligation of Mr. Eastlund and not a legitimate liability of the Eastlund, Peterson & Solstad law firm.

Future Lease Obligation

Appellant contends the trial court erred in accepting respondent’s expert’s valuation because he failed to consider the future lease obligation of the law firm. Goldstein v. Goldstein, 120 Ariz. 23, 583 P.2d 1343 (1978), specifically addressed the issue of whether future overhead expenses should be considered in the valuation of a business in a marriage dissolution proceed[93]*93ing. In Goldstein the husband’s interest in his medical practice was at issue.

The Arizona Supreme Court held the trial court correctly did not deduct an overhead allowance for either the corporation’s checking account or the accounts receivable. The court reasoned that:

“[s]ince the trial court must establish a present value for each asset in order to make an equitable distribution, it properly is not concerned with possible future debts which may or may not come into existence.

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Marriage of Peterson v. Peterson, 367 N.W.2d 90, 1985 Minn. App. LEXIS 4143 (Mich. Ct. App. 1985).

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